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Judgment
8 paragraphs · 358 wordsSanjay Kumar Dwivedi, J
Heard Mr. Zaid Ahmed, the learned counsel appearing on behalf of the petitioners and Mrs.Vandana Bharti, the learned counsel appearing on behalf of the respondent State.
This petition has been field under section 389(2) Cr.P.C for suspension of sentence and against the order dated 03.08.2021 whereby the said privilege has been denied by the appellate court in Criminal Appeal No.04 of 2021, arising out of Kolebira P.S. Case No.27 of 2015, corresponding to G.R. No. 201 of 2015.
Mr. Zaid Ahmed, the learned counsel appearing on behalf of the petitioners submits that the F.I.R was lodged alleging misappropriation of sum of Rs.1,42,000/-, Rs.27,880/-, Rs.37,880/- and Rs.40,380/-. He submits that these amounts are with regard to different schemes. He submits that the work was not completed in view of the extremist threat. He submits that the trial court has sentenced the accused persons for five years under sections 406 and 409 I.P.C. Rs.13,349/- was found to be embezzled by petitioner no.1 and Rs.8,167/- by petitioner no.2. He further submits that the said amount has already been deposited by the petitioners before the concerned authority which has been indicated in paragraph no.31 of the trial court judgment. The petitioners were already on regular bail throughout the trial and the petitioners are in custody after conviction since 22.03.2021.
Mrs. Vandana Bharti, the learned counsel appearing for the respondent State opposed the prayer of the petitioners.
In view of the above facts and considering that the petitioners have already deposited the amount and they were already on regular bail during the trial, the Court is inclined to exercise its powers under section 389(2) Cr.P.C. The sentence is kept under suspension till the finalization of the appeal. Both the petitioners, above named, shall be released on furnishing bail bond of Rs.20,000/-each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Simdega in connection with Kolebira P.S. Case No.27 of 2015, corresponding to G.R. No. 201 of 2015.
Let this order be communicated to the concerned court at the cost of the petitioners by FAX.
Cr.M.P. No.2069 of 2021 stands disposed of.